Duke Point power plant advances another step

Andrew A. Duffy
Times Colonist
April 13, 2005

Court says opponents can't appeal utility commission approval


The Duke Point power project is one step closer to breaking ground after the
B.C. Appeal Court ruled Tuesday there is no leave for appeal of the B.C.
Utilities Commission's approval of an electricity purchase agreement between
B.C. Hydro and proponent Pristine Power.

The ruling means Pristine can continue with its engineering work on the Duke
Point site for the $280 million, 252-megawatt plant, with plans to excavate
starting in early summer.

"Obviously we're pleased with the decision and it does confirm the BCUC
decision was fair and appropriate," said Harvie Campbell, vice-president of
Pristine. He added that Tuesday's decision reconfirmed the impartiality of the
BCUC. "It confirms this was a fair decision ... and this is a cost effective
project that is the right answer to Vancouver Island's problems."

Hydro maintains the Duke Point project is the best way to provide its customers
with reliable capacity required to meet the Island's anticipated supply
shortfall in 2007 when some of the undersea electricity cables that run from
the mainland are deemed unreliable.

To that end, Hydro entered into a 25-year agreement that will see them pay
Pristine $45 million annually to provide electricity from the plant. The BCUC
approved that agreement in February, but there were appeals filed in March.

The Joint Industry Electricity Steering Committee, representing B.C.'s largest
industrial consumers of electricity, appealed based on its belief the project
exposes Hydro customers to high costs and financial risks.

The Georgia Strait Crossing Concerned Citizens Coalition appealed on the
grounds the BCUC's decision was biased and predetermined before intervenors had
a chance to present evidence at public hearings.

With their leave for appeal dismissed, those groups have one week to decide if
they want to pursue a review of the decision.

"The plan is to reconsider our options and decide what to do next," said Dan
Potts, executive director of the JIESC. "We have the option of pursuing a
review of the decision, but whether we'll have the appetite for that I'm not
sure."

Potts said his group, which is spread around the province, will meet this week
sometime and make up its mind.

It's the same story for the GSXCCC, according to director Arthur Caldicott.

"Obviously we're disappointed, and we're not sure what we're going to do," he
said. "If there are some odds of success, then we will probably go after it."

In a statement, Hydro spokeswoman Elisha Moreno said the utility, like all
interested parties, is in wait-and-see mode.

"Hydro recognizes this is a sensitive and important issue and respects both the
opinions and convictions of all parties and understand that they may wish to
seek a reconsideration of the court's decision," she said.

It didn't take long for the Green Party to weigh in and turn the project into
an election issue. Nanaimo Green Party candidate Doug Catley said the appeal
court ruling was another example of a public body failing to protect the public
interest.